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Fatwa CenterInheritance of mother, wife and 3 sons
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 3 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A wife) Number 1 (A full sister) Number 2
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the deceased did not have heirs except those mentioned in the question, then the mother will get one-sixth of the inheritance due to the existence of the children (of the deceased); Allaah The Almighty says (what means): {And for one's parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11]
The wife will get one-eighth due to the existence of the children for Allaah The Almighty says (what means): {But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]
The remainder will go to his three sons by Ta‘seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed), to be divided equally among them, for the Prophet, sallallaahu ‘alayhi wa sallam, said: “Give the prescribed shares of the inheritance to those who are eligible for it, and whatever remains should be given to the closest male blood relative.” [Al-Bukhari and Muslim]
Nothing will be given to the two full sisters because they are prevented from inheritance due to the existence of the sons of the deceased.
Based on that, the estate should be divided into 72 shares: The mother gets one-sixth (12 shares), the wife gets one-eighth (9 shares), and each son gets 17 shares.
Allaah Knows best.
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